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ALOK KUMAR VERMA
Anil Kumar alias Anil Ojasvi – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
ALOK KUMAR VERMA, J.
1. The present Application under Section 438 of the Code of Criminal Procedure, 1973 has been filed for Anticipatory Bail under Sections 409, 420, 466, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860 in connection with the Case Crime No. 27 of 2020, registered at police station Khatima, District Udham Singh Nagar.
2. A Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition (PIL) No. 33 of 2019 in the scholarship scam matter. Mr. N.N. Pant, the Inspector, was appointed as a member of the Special Investigation Team. He enquired the matter and lodged an FIR on 01.02.2020.
3. Heard Mr. Pranav Singh, learned counsel for applicant and Mr. Rakesh Negi, learned Brief Holder for State.
4. Mr. Pranav Singh, Advocate, contended that the college in-question, namely, “Om Santosh I.T.I. Chakrati Janta Road Saharanpur, Uttar Pradesh” was run by a Trust, namely, “Om Santosh Educational and Social Welfare Trust.” The present applicant, who was the Chairman of the said Trust, has been falsely implicated in the present matter. The said Institute had given admission to all those students in whose name scho
The court established that anticipatory bail can be granted when personal liberty is at stake and no custodial interrogation is necessary.
The court established that anticipatory bail can be granted when personal liberty is at stake, provided the accused are willing to cooperate with the investigation.
Anticipatory bail can be granted when applicants demonstrate cooperation with the investigation and no risk of tampering with evidence.
Anticipatory bail can be granted when the applicant demonstrates no direct involvement in the alleged crime, especially when personal liberty is at stake and the charge-sheet has been filed.
Anticipatory bail can be granted when the applicants demonstrate no risk of absconding or tampering with evidence, and when custodial interrogation is not deemed necessary.
The court established that anticipatory bail can be granted when personal liberty is at stake, especially in the absence of strong evidence or objections from the prosecution.
The court established that anticipatory bail can be granted when the applicant demonstrates no risk of absconding and when personal liberty is at stake, especially in cases where custodial interrogat....
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